Section 68IAC7-1-10. Proceedings

   (a) The administrative law judge is authorized to administer oaths.

  (b) Both parties may present an opening statement on the merits. The commission proceeds first, followed by the petitioner. The petitioner may not reserve the opening statement for a later time. The administrative law judge may determine the length of opening statements.

  (c) The commission must then present the commission's case-in-chief.

  (d) Upon conclusion of the commission's case-in-chief, the petitioner may move for a directed finding. The administrative law judge may:

(1) hear arguments on the motion; or

(2) grant, deny, or reserve any decision thereon, with or without argument.

  (e) If:

(1) no motion for directed finding is made; or

(2) the motion is denied or decision reserved thereon;

the petitioner may present its case.

  (f) Each party may conduct cross-examination of adverse witnesses.

  (g) Upon conclusion of the petitioner's case, the commission may present evidence in rebuttal.

  (h) The administrative law judge may:

(1) ask questions of the witnesses; and

(2) request or allow additional evidence at any time, including additional rebuttal evidence.

  (i) Both parties may present a closing argument. The commission proceeds first, then the petitioner, and, thereafter, the commission may present rebuttal argument. The administrative law judge may determine the length of closing arguments.

  (j) The administrative law judge may require or allow the parties to submit posthearing briefs, proposed findings of fact and conclusions of law, or both, within:

(1) ten (10) days of the conclusion of the hearing; or

(2) such other time period the administrative law judge might order.

(Indiana Gaming Commission; 68 IAC 7-1-10; filed Nov 10, 1994, 11:00 a.m.: 18 IR 510; filed Apr 19, 1996, 3:00 p.m.: 19 IR 2251; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; filed Oct 9, 2009, 2:44 p.m.: 20091104-IR-068090361FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)